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124. RESOLUTION NO. 2004- 7 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS AUTHORIZING EMINENT DOMAIN PROCEEDINGS TO ACQUIRE 0.038-, 0.037-, AND 0.722- ACRE TRACTS OF LAND IN THE J.M. VERAMENDI SURVEY NO. 2 IN CONNECTION WITH THE POST ROAD PAVING AND DRAINAGE IMPROVEMENTSPROJECT; AND DECLARING AN EFFECTIVE DATE. RECITALS: 1. On February 23, 2004, the City Council adopted a resolution declaring the public necessity for acquisition of interests in real property in connection with the Post Road Paving and Drainage Improvement Project (the "Project"), and authorizing the City's staff and real estate acquisition consultants to proceed with and conclude negotiations for acquisition of fee title, easements, rights-of-way or other interests in real property, in the vicinity of the Project. 2. On March 8, 2004, the City Council adopted a Resolution finding and determining that the Project is required for the preservation of the public health, safety and welfare and the public convenience and necessity for the citizens of the City, and is for the public purpose of providing for the transportation needs of the citizens of the City and of persons traveling through the City, identifying the parcels to be acquired, authorizing City staff and others to institute and prosecute to a conclusion all necessary proceedings to condemn the specified property or interests and to acquire all such interests in the event the City through negotiation is unable to agree with the respective owners as to the damages to the landowner, and to take any other legal action necessary and incidental to such purchases or eminent domain proceedings to survey, appraise, define, specify, and secure such property interests. 3. The Project requires the City to obtain fee simple title to (1) a 0.038-acre tract and a 0.037-acre tract of real property (the "Cornerstone Tracts" also sometimes referred to as Parcels 04 and 05) described in the attached Exhibit A, which is incorporated fully in this Resolution by reference, being a portion of Lot 2 and Lot 3, Lernmore III, a subdivision in the J.M. Veramendi Survey No. 2, Hays County, Texas, recorded in Book 97, Page 3 of the Plat Records of Hays County, Texas; and (2) a 0.722-acre tract of real property in the J.M Veramendi Survey No. 2 in Hays County, Texas, (the "Harris Tract" also sometimes referred to as Parcel 06), more particularly described in the attached Exhibit B which is incorporated fully in this Resolution by reference, being a portion of a called 1.293-acre tract of land as described in that deed to Ray Harris and Nancy Harris recorded in document no. 9919624 of the Official Records of said county. 4. The City has previously made duly approved offers based on written appraisals by an independent fee appraiSer, a copy of which appraisal has been delivered to the respective Owners, for the fair cash market value of the Cornerstone Tracts and the Harris Tract, and the City has been unable to agree with the Owners as to the fair cash market value thereof. The City